Lauderdale Weighs Development Ethics Code

September 9, 1999|By BRITTANY WALLMAN Staff Writer

FORT LAUDERDALE — A case that made some residents wonder whether the development approval process is fair in this city has commissioners wondering whether new policies are needed to make sure it will be.

Commissioners said Wednesday they'll look into creating a code of ethics or conduct for development teams and homeowner coalitions, possibly including the registration of lobbyists.

Commissioners decided Wednesday to close the Ocean Dunes case, after its attorney, Ron Mastriana, was cleared by the Florida Bar and State Attorney's Office of impropriety. The commission reinstated the project's development approval at its site on State Road A1A, next to The Illini condominium.

But the case, which involved cash-for-support contracts and alleged intimidation of opponents, struck a nerve with the Fort Lauderdale public, commissioners said, and showed a possible need for changes in city policy. Commissioners said residents are sensitive to the subject of developers having the upper hand in Fort Lauderdale, either through intimidation, unfair influence or by paying for support.

"I'm still a little bit concerned about the payoffs," said City Commissioner Carlton Moore. "What's going to happen to the future of development in Fort Lauderdale?"

"We've gotten in a situation here where large amounts of money are being paid out," said Commissioner Jack Latona. "I think we need to take a look at that."

The Ocean Dunes developer-resident contracts were a new spin on the usual. Developers customarily give money -- often more than $100,000 -- to nearby homeowners associations for road improvements, landscaping, security gates or other improvements, in return for general support. But Ocean Dunes developer William Govel made individual cash deals to neighbors on a sliding scale, according to potential impact. For example, neighbor Mary Taldone, who will lose part of her external view and urged commissioners to reject the project, later signed a supportive contract. She sat with the developer team at Wednesday's meeting.

Though cash-for-support deals may smooth the approval process for developers, eliminating loud opponents and possibly keeping legitimate complaints from surfacing, it also adds significantly to their cost of doing business. Residents say these deals are their only chance to benefit from development projects they aren't strong enough to stop.

Ocean Dunes attorney David Mankuta urged commissioners to examine the whole system, in which homeowners associations sometimes initiate the deals, requesting or demanding money, walls, landscaping or street resurfacing. "It's not just cash," he said. "It's a much broader issue than just dollars."

Mastriana was cleared last week of criminal wrongdoing by the State Attorney's Office.

Brittany Wallman can be reached at bwallman@sun-sentinel.com or 954-356-4541.